Freeman

Arizona state prisoner Benjamin Freeman appeals the district court’s summary judgment dismissal in favor of prison officials in his 42 U.S.C. § 1983 action. On June 20, 1994, Freeman, a Muslim, filed a complaint pro se against officials of Maricopa County Jail (“defendants”) alleging that his constitutional rights to free exercise of religion and equal protection were violated because he was not allowed to practice his religion and was discriminated against on the basis of his faith. Defendants moved for summary judgment, which was granted on February 27, 1996. Freeman timely appealed and counsel was appointed for him. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse and remand in part.

FACTUAL ASSERTIONS

Freeman, a practicing Muslim, was held at the Maricopa County Jail from December 19, 1993 to August 12,1994. At Maricopa County Jail, Muslim Jumah services were scheduled to be held at 10:00 a.m. on every Thursday. Maricopa County Jail had entered into an agreement with Masjud Jauharatul-Islam to provide an Imam to perform the services for a fee of $15 an hour.

Freeman submitted affidavits from himself and several other inmates stating that…